District Court Act 1973 Rule (1995-716) [GG No 149 of 8.12.1995] (NSW)

1995—No. 716

DISTRICT COURT ACT 1973—RULE

NEW SOUTH WALES

[Published in Gazette No. 149 of 8 December 1995]

1. This rule is made by the Rule Committee on 5 December 1995, and

has effect on and from 8 December 1995.

2. The District Court Rules 1973 are amended as follows:

(a) Part 5 rule 5 (1)

(i) In paragraph (c) omit “direct; or”, insert instead “direct;”;
(ii) After paragraph (c) insert:

(ci) if it is an ordinary statement of claim filed on or after 1 January 1996, for 2 months from the date on which it is filed or such further period as the Court may direct; or

(b)

Part 12 rule 1 or before 31 December 1995”.

(c) Part 12 rule (5)
After Part 12 rule 5 ( 1 ) insert:

(2) Subrule (l) applies to an action commenced on or after 1 January 1996 as though the time prescribed by that subrule were a time 2 months before the date first scheduled for a status conference in the action.

(d) Part 18 rule 9
After Part 18 rule 8 insert:
Statement of liquidated claim—striking out

9. An action commenced by the filing of a statement of liquidated* and in which no notice of grounds of defence is filed is, if not otherwise completed, deemed to be struck out 3 years after the date of commencement.

1995—No. 716

(e) Part 24C rule 4 (l), (2)

Part 24A rules 4 (l), 5, 6 (l), 7; Part 24B rules 3 (l), 4, 5 (l), (6); a praecipe for trial is otherwise required by the rules)”.

(f) Part 24B rule 1
Omit the rule, insert instead:
Commercial List

1. The registrar for Sydney shall keep a Commercial	List, and
shall enter proceedings in that List in accordance with	this Part.

(g) Part 24B rule 2

(i) In paragraph (b), after “List;” insert “and”;

(ii)  In paragraph (c) omit “commerce; and”, insert instead “commerce. ” ;

(iii) Omit paragraph (d).

(h) Part 24B rule 3 (2)

Omit “-Long Trial”. orders, proceedings”.

(i) Part 24B rule 4

(j) Part 24B rule 7

(i)  In subrule (2) omit “after a notice of grounds of defence and a praecipe for trial have been filed”;

(ii)  In subrule (3), after “trial” insert “, the conduct of the trial, and the adducing of evidence at or before the trial”.

(k) Part 28 rule 2A
After Part 28 rule 2 insert:
Evidence by telephone, video link, etc.

2A. The court may in proceedings order, on terms, that evidence or submissions may be received by telephone, video link or other form of communication.

(l) Part 29 rule 6 (7) (a) After “documents” insert “or things”.

(m) Part 29 rule 8A

(i)  Omit “in complying with the subpoena”, insert instead “in consequence of service of the subpoena”;

(ii)  Omit “sufficient to make good”, insert instead “in respect of”.

1995—No. 716

(n) Part 47 rule 6
After subrule (2) insert:

(3) Notwithstanding rule 3 (4), where a document is on paper sufficiently opaque to prevent the writing on one face of te* paper from obscuring any writing on the other face, the backsheet need not be on paper separate from the document.

(o) Part 51A rule 2
After subrule (4) insert:

(5) Notwithstanding anything in subrule (4), a class of actions prescribed for the purposes of section 63A (3) (d) of the Act does not include any actin* remaining in the Commercial List.

(p)	Part 52 rule 3 (1) Omit “Subject to Part 29 rule 6 (5), a”, insert instead “A”.
(q)	Part 53 rule 8 Omit subrule (15), insert instead:

(15) A party or his solicitor or barrister may:

(a) inspect documents or things produced in compliance with a subpoena; and

(b) take copies of any documents so inspected,

if the Court so orders, and any such order may be made on terms.
(1 6) Where the registrar is not notified by a party, the person to
whom the subpoena was addressed, or a person claiming privilege
in respect of the document, that any such party or person objects
to the making of an order under subrule (15), the function of the

Court to make that order may, unless the Court otherwise orders,

be exercised by the registrar.

(r) Part 53 rule 11
After subrule (3) insert:

(4) The Court may in any proceedings order, on terms, that evidence or submissions may be received by telephone, video link or other form of communication.

(s)

Part 53 rule 15 (1) function exercisable under rule 8 (16)”.

1995—No. 716

EXPLANATORY NOTE

The purpose of the amendments is:

(a)-(j), (o):	to assist in the establishment of a civil case-management system as outlined in Practice Note No. 33;
(k), (r):	to enable the Court to take evidence by telecommunications link;
(l), (q), (s):	to enable the registrar in the criminal jurisdiction, if no claim of privilege is made, to grant access to subpoenaed documents as a registrar in the civil jurisdiction may do;
(m):	to ensure that a person who incurs expense in attempting to comply with a subpoena may claim compensation whether or not the subpoena is actually complied with;
(n):	to reduce the necessity to append a separate backsheet to a filed document;
(p):	to repair an outdated cross-reference.

E. J. O’GRADY,
Secretary to the Rule Committee.